Citation Nr: 1037398
Decision Date: 10/01/10 Archive Date: 10/12/10
DOCKET NO. 09-37 221A ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in New York, New
York
THE ISSUES
1. Entitlement to service connection for sleep apnea, including
as secondary to service-connected posttraumatic stress disorder
(PTSD).
2. Entitlement to service connection for heart disability,
including as secondary to service-connected PTSD.
REPRESENTATION
Appellant represented by: Vietnam Veterans of America
ATTORNEY FOR THE BOARD
N. L. Rippel, Counsel
INTRODUCTION
The Veteran had active service from June 1969 to March 1971, from
December 1995 to July 1996 and from March 2002 to October 2002.
This case came to the Board of Veterans' Appeals (Board) on
appeal from a November 2008 rating decision of the Department of
Veterans Affairs (VA) Regional Office (RO) in New York, New York.
REMAND
In his substantive appeal to the Board, the Veteran requested a
Board hearing. He was scheduled for a hearing to be held in
October 2010. In correspondence received at the Board in August
2010, the Veteran indicated that he could not report to
Washington, D.C., for his Board hearing, and requested a Travel
Board hearing at the RO.
Accordingly, this case is REMANDED to the RO via the Appeals
Management Center in Washington, D.C., for the following action:
The RO should schedule the Veteran for a
hearing before the Board at the RO, in
accordance with the docket number of the
Veteran's appeal.
No action is required of the Veteran until he is otherwise
notified but he has the right to submit additional evidence and
argument on the matters the Board has remanded. Kutscherousky v.
West, 12 Vet. App. 369 (1999).
_________________________________________________
Shane A. Durkin
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a decision
of the Board on the merits of your appeal. 38 C.F.R.
§ 20.1100(b) (2009).